Can buyer sue me for taking curtain poles/curtains

ceminem

IveSeenTheLight wrote: »

Typically, if you can remove window coverings by sliding them off a rod such as curtains or drapes, those window coverings are not considered a fixture. However, curtain rods, blinds, and window shades are fixtures.

As you've offered to return the fixtures debated, they would not get anywhere in a small claims court

So as I have offered to return, the small claims court would not entertain her claim?

ceminem

Clutterfree wrote: »

You're right, it is highly unlikely it would cost hundreds but if she took you to court I think a judge would rule in her favour for curtain poles to be fitted and replacement curtains of the same quality.

Could you not nip to a local charity shop, get some cheapy curtains then fit them along with the poles? She'd have no recourse then.

How would they determine same quality?

I am waiting for her to confirm whether she wants me to return and fit them. If not then its her problem?

ThePants999

The court does generally expect the claimant to have done their best to settle things out of court first, so she'd get some very pointed questions as to why she didn't allow you to set things right...

Clutterfree

ceminem wrote: »

How would they determine same quality?

I am waiting for her to confirm whether she wants me to return and fit them. If not then its her problem?

I just meant she couldn't ask for made to measure curtains from John Lewis if the ones you removed were bought for a fiver down the market!
Replacement would be like for like.

ceminem

Clutterfree wrote: »

I just meant she couldn't ask for made to measure curtains from John Lewis if the ones you removed were bought for a fiver down the market!
Replacement would be like for like.

Yes I understand that, but how would they determine the quality of the initial fixtures. How would they prove this.

Gilead

It would be fair and reasonable for your to offer to fit the curtain poles and purchase curtains of a similar quality - it is not the purchaser's fault you have disposed of the old curtains.

She could however decline your offer to fit them for her and request you cover costs for a workman to do this. Is this reasonable? Perhaps, but you are in the territory then of negotiating the cost.

Bottom line is you need to make it right. If it does end up in small claims then you will need to demonstrate you have made every effort to do just that.

And BTW, it is very frustrating as a purchaser when you are dependent on those fittings being there and she has every right to challenge you on this. Do not escalate it by being petty, swallow the pride and sort it out.

TBagpuss

Respond in writing offering to return the original poles and re-fit them for her. Keep a copy of the letter

In relation to the curtains state (in writing) that they had mold on and so were thrown away but that you estimate their value to be around £5 given their age and condition so you are willing to give her £5 towards the cost of new curtains.

How big is the window? Unless it is a bay window or an unusual size or shape you could probably get some very cheap curtains (or use those as comparable when offering her cash) - IKEA have basic curtains from about £15/pair, I know when I moved house and discovered that my sellers had removed the blinds which were supposed to have been left, I was able to buy 2 pairs of curtains from a local shop for £5/pair for temporary use.

I doubt she will take it further as it is so petty, but if she doe, being able to prove that you offered to put things right will make it much harder for her to succeed - if you've offered to put her back in the position she would have been in (i.e. with an old curtain rail and some cheap/poor quality curtains) then it is very hard for her to successfully argue that she has suffered a loss.

ceminem

TBagpuss wrote: »

Respond in writing offering to return the original poles and re-fit them for her. Keep a copy of the letter

In relation to the curtains state (in writing) that they had mold on and so were thrown away but that you estimate their value to be around £5 given their age and condition so you are willing to give her £5 towards the cost of new curtains.

How big is the window? Unless it is a bay window or an unusual size or shape you could probably get some very cheap curtains (or use those as comparable when offering her cash) - IKEA have basic curtains from about £15/pair, I know when I moved house and discovered that my sellers had removed the blinds which were supposed to have been left, I was able to buy 2 pairs of curtains from a local shop for £5/pair for temporary use.

I doubt she will take it further as it is so petty, but if she doe, being able to prove that you offered to put things right will make it much harder for her to succeed - if you've offered to put her back in the position she would have been in (i.e. with an old curtain rail and some cheap/poor quality curtains) then it is very hard for her to successfully argue that she has suffered a loss.

Thanks we are corresponding by text message at the moment, I am waiting for a letter from her solicitor so I can respond. She hasn't confirmed whether she wants the poles or not yet.

davidmcn

ceminem wrote: »

Yes I understand that, but how would they determine the quality of the initial fixtures. How would they prove this.

At the end of the day, by the court deciding who has the better evidence.

Don't you have photos?

moneyistooshorttomention

Another way to look at this is = is it worth it (to you personally) to spend many hours of your time on sorting this situation out?

Genuine question time.

Imo just think "Darn it - made a mistake there in not supervising my friends to the nth degree when they helped me out there. Oh well - why spend, say, 5 hours of my precious time arguing the toss. I could spend that 5 hours instead just socialising/doing exactly what I please or earning some extra income for myself".

Do what is pragmatic/makes logical sense in any situation imo rather than "having to be right". Sometimes that suits you. Sometimes that suits the other party concerned. Win some/lose some.